Fema / RBI : Q.1 Which Companies Are Eligible Are Eligible To File FLA Return? A: The Annual return of foreign liabilities and assets ( FLA) i...
Income Tax : Section 2(88) defines “Sweat Equity Shares” so as to mean such equity shares as are issued by a company to its directors or em...
Company Law : Suyog S Kabra Checklist For Meetings Of Directors Or Committees under Companies Act, 2013 [Note : Adherence by a company to Secret...
Company Law : The company has allotted shares/debentures and entered the names of allottees in the register of members/ debenture holders. (Note...
Company Law : The preference shares shall be liable to be redeemed within a period not exceeding twenty years. A company engaged in the setting ...
Suyog S Kabra CHECKLIST FOR ALTERATION OF MEMORANDUM OF ASSOCIATION 1. The company has passed the Special resolution and filed MGT-14 as per companies Rules,2014 2. The company has altered its Name with the approval of Central Government 3. The company has obtained fresh Certificate of Incorporation from the Registrar in Form […]
Suyog S Kabra 1. The offer for buy back is not made within 1 year of closure of preceding offer buy back. 2. The Articles of association authorize buy back of securities. If not , a special resolution for amending the articles of association under section 14 of Companies Act 2013 has been passed by […]
1. Check whether it is authorized by Articles 2. Whether it has, on the recommendation of Board, been authorized in general meeting of the company 3. Whether the company has defaulted in payment of interest or principal in respect of fixed deposits or debt securities issued by it. 4. Whether it had defaulted in respect of payment of statutory dues of employees, such as, contribution to provident fund, gratuity and bonus
The article may contain entrenchment provision. This is new concept under Indian companies act, as there was no such concept under the old act. The word Entrench is not defined under companies act 2013. As per oxford Dictionary the word entrench means to establish ( an attitude habit or belief ) so firmly that change is very difficult or unlikely. It may require form of super majority or referendum submitted to the people, or the consent of another party.
Section 164 of companies act 2013, deal with Disqualification of Director. Subsection 1 of section 164 list disqualification of Directors for appointment as a Director of a company. Appointment shall include reappointment but not continuation to be in office.
For example Section 197(12) there we have to give difference between remuneration of Directors and employees and as per decided cases Executive Directors are also employees of the Company. For finding out meaning of any word used in Act, the General rule is: First refer to the definition of the word given in that Act. If it is not defined there, refer to the definition given in General Clauses Act 1897. If it is not defined there also, then refer to the dictionary meaning.
